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Can The Dark Arts Of The Dismal Science Shed Light On The Empirical Reality Of Civil Procedure?, Jonah B. Gelbach Jan 2014

Can The Dark Arts Of The Dismal Science Shed Light On The Empirical Reality Of Civil Procedure?, Jonah B. Gelbach

Faculty Scholarship at Penn Law

Litigation involves human beings, who are likely to be motivated to pursue their interests as they understand them. Empirical civil procedure researchers must take this fact seriously if we are to adequately characterize the effects of policy changes. To make this point concrete, I first step outside the realm of civil procedure and illustrate the importance of accounting for human agency in empirical research. I use the canonical problem of demand estimation in economics to show how what I call the “urn approach” to empirical work fails to uncover important empirical relationships by disregarding behavioral aspects of human action. I ...


Thinking, Big And Small, Stephen B. Burbank Jan 2013

Thinking, Big And Small, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Straw, Sand, And Sophistry, Stephen B. Burbank Jan 2009

Straw, Sand, And Sophistry, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Time Out, Stephen B. Burbank Jan 2009

Time Out, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Has The Erie Doctrine Been Repealed By Congress?, Geoffrey C. Hazard Jr. Jan 2008

Has The Erie Doctrine Been Repealed By Congress?, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Jury Trial And The Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr. Jan 2006

Jury Trial And The Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Two Valuable Treatises On Civil Procedure, Geoffrey C. Hazard Jr. Jan 2005

Two Valuable Treatises On Civil Procedure, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank Jan 2004

Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Semtek, Forum Shopping, And Federal Common Law, Stephen B. Burbank Jan 2002

Semtek, Forum Shopping, And Federal Common Law, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch Jan 2002

Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch

Faculty Scholarship at Penn Law

The lead counsel auction has attracted increasing attention. Auction advocates mgue that auctions introduce competitive market forces that improve the selection and compensation of class counsel. The benefits of the auction, the;' claim, include lower legal fees and better representation. Careful scrutiny reveals that auction advocates have overlooked substantial methodological problems with the design and implementation of the lead counsel auction. Even if these problems were overcome, the auction procedure is flawed: Auctions are poor tools for selecting firms based on multiple criteria, compromise the judicial role, and are unlikely to produce reasonable fee awards. Although the existing record is ...


Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank Jan 1996

Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank Jan 1993

Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler Oct 1991

Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler

Faculty Scholarship at Penn Law

No abstract provided.


A Coda On Supplemental Jurisdiction, Stephen B. Burbank, Thomas D. Rowe Jr., Thomas M. Mengler Jan 1991

A Coda On Supplemental Jurisdiction, Stephen B. Burbank, Thomas D. Rowe Jr., Thomas M. Mengler

Faculty Scholarship at Penn Law

No abstract provided.


The Report Of The Third Circuit Task Force On Federal Rule Of Civil Procedure 11: An Update, Stephen B. Burbank Jan 1989

The Report Of The Third Circuit Task Force On Federal Rule Of Civil Procedure 11: An Update, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Hold The Corks: A Comment On Paul Carrington's "Substance" And "Procedure" In The Rules Enabling Act, Stephen B. Burbank Jan 1989

Hold The Corks: A Comment On Paul Carrington's "Substance" And "Procedure" In The Rules Enabling Act, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Of Rules And Discretion: The Supreme Court, Federal Rules And Common Law, Stephen B. Burbank Jan 1988

Of Rules And Discretion: The Supreme Court, Federal Rules And Common Law, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Sanctions In The Proposed Amendments To The Federal Rules Of Civil Procedure: Some Questions About Power, Stephen B. Burbank Jan 1983

Sanctions In The Proposed Amendments To The Federal Rules Of Civil Procedure: Some Questions About Power, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.